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S. 1177
STATUS INFORMATION
General Bill
Sponsors: Senators Thomas and Hutto
Document Path: l:\council\bills\ms\7258ahb04.doc
Introduced in the Senate on April 20, 2004
Currently residing in the Senate Committee on Judiciary
Summary: Criminal cases, procedures for custodial interrogations
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/20/2004 Senate Introduced and read first time SJ-6 4/20/2004 Senate Referred to Committee on Judiciary SJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-170 SO AS TO PROVIDE A PROCEDURE FOR CUSTODIAL INTERROGATIONS IN CRIMINAL CASES, TO DEFINE THE TERMS "WRITTEN STATEMENT", "CUSTODIAL INTERROGATION", "FELONY", AND "PLACE OF DETENTION", TO PROVIDE THAT CUSTODIAL INTERROGATIONS MUST BE VIDEO AND AUDIO TAPED, TO PROVIDE THAT THE PERSON INTERROGATED MUST BE GIVEN CERTAIN WARNINGS BEFORE GIVING A STATEMENT, TO MANDATE THE PRESERVATION OF ALL RECORDINGS UNTIL FINAL ADJUDICATION, TO PROVIDE FOR INTERPRETATION OF THE WARNINGS TO THE DEAF, TO PROVIDE THAT SPONTANEOUS UTTERANCES MUST BE RECORDED BY THE LAW ENFORCEMENT OFFICER TO WHOM THE UTTERANCE WAS MADE, AND TO PROVIDE THAT A STATEMENT NOT RECORDED AS REQUIRED IS INADMISSIBLE IN A CRIMINAL TRIAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 17 is amended by adding:
"Section 17-13-170. (A) As used in this section:
(1) 'written statement' means a statement signed by a person or a statement made by the person in his own handwriting. If the person is unable to write, a written statement is a statement bearing his mark only when a person other than a peace officer has witnessed the mark;
(2) 'custodial interrogation' means an interrogation during which the person being interrogated is not free to leave, and a question is asked that is intended to elicit an incriminating response;
(3) 'felony' means a criminal offense as defined pursuant to Section 16-1-90; and
(4) 'place of detention' means a facility under the control of a law enforcement agency or detention facility.
(B) After the effective date of this act, an oral, written, or sign language statement of a person made as a result of a custodial interrogation of a person related to his suspected commission or involvement in a felony, when the interrogation is conducted at a police station or other place of detention, is inadmissible as evidence against the person in a trial when the person is charged with the commission of a felony, unless:
(1) an electronic video and audio recording is made of the custodial interrogation;
(2) before the custodial interrogation, but during the recording, the person is given the following warnings that:
( i) he has the right to remain silent and not make any statement at all, and that any statement he makes may be used against him at his trial;
( ii) any statement he makes may be used as evidence against him in court;
(iii) he has the right to have an attorney present to advise him before and during any questioning;
(iv) if he is unable to employ an attorney, he has the right to have an attorney appointed to advise him before and during the questioning; and
( v) the process of interrogation is being recorded;
(3) prior to the statement but during the recording, the person waives all rights as prescribed in subitem (2);
(4) the recording is accurate and has not been altered;
(5) all voices on the recording are identifiable; and
(6) not later than the twentieth day before the date of a criminal proceeding at which the statement will be admitted as evidence against the person, the attorney representing him is permitted to demand and review a true, complete, and accurate copy and is given access to the original of all recordings of the person made pursuant to this section.
(C) Each electronic, video, and audio recording of an interrogation of a person at a police station or other place of detention must be preserved until the person's adjudication for an offense relating to the statement is final and all direct, post conviction relief, and habeas corpus appeals are exhausted or the prosecution of the offense is barred by law.
(D) If the person is deaf, his statements pursuant to subitem (B)(2) are presumed to be inadmissible against him unless the warnings in subitem (B)(2) are interpreted to him by an interpreter who is qualified and certified by the Registry of Interpreters for the Deaf.
(E) If a person makes spontaneous utterances not in response to interrogation prior to law enforcement initiation or invocation of this process, the law enforcement officer to whom the statement was made shall memorialize the statements on an electronic video and audio recording as soon as reasonably practical.
(F) If the person can prove, by a preponderance of the evidence, that after the effective date of this section, he was subjected to a custodial interrogation at a police station or other place of detention prior to a custodial interrogation relating to that offense which was required to be recorded pursuant to this section, and if it was not recorded, any statements made by the defendant during or following the custodial interrogation are inadmissible in a criminal trial against the person even if the other requirements of this section are met.
(G) If the person can prove by a preponderance of the evidence, that a custodial interrogation occurred which resulted in an inculpatory statement, whether written or oral, at a place other than a place of detention by unreasonable delay, other circumstances, or intentional design to circumvent the intent of this section, the court may impose, upon motion and findings, the same remedies contained in this section."
SECTION 2. This act takes effect upon approval by the Governor.
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